All Forum Posts by: Wesley W.
Wesley W. has started 115 posts and replied 1973 times.
Post: Tenant's Debt Collection

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It sounds like you were suing for possession of the rental unit and nothing more (not unusual). If that's the case, you'll probably have to sue the tenant in small claims court for the money owed.
Post: Rent/Deposit without a move in date?

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Have you paid a deposit? If not, I'm not sure you have any legal standing as you have not given any "consideration" to execute the contract you signed.
I would make sure that your binder contract has an approximate move-in date, or time period after which either party can walk away if the unit is not ready. I have a hard move-in date that the tenant must adhere to, but if I cannot provide the unit to them within 14 days (outgoing tenant holds over, tree falls on building, destructive fire, code violations, etc.) they can walk away free and clear, or delay occupancy (their option).
The money they are asking for in advance is absolutely par for the course; I require first, last and security deposit (as well as any pet fees) to be paid before I will even sign a lease with a prospective tenant.
Maybe someone who is more familiar with HOAs can chime in, but it seems possible that they would have their own bureaucracy that they would subject their owners to.
No legal advice given.
Post: How to Handle Renting to Waiters?

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The above suggestions are good. I insist upon a double security deposit to mitigate any sporadic cash flow (never allowed to be used as rent, but covers me a bit more if there is a problem and we need to part ways).
Post: Portland wants to force me to accept violent crime felons.

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It's easy for me to say since I am not in your position, but I suggest voting with your feet. This is probably not the last law they will pass to marginalize the "rich landlords" in the pacific NW.
Post: Gun control for tenants?

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Originally posted by @Ihe O.:
Originally posted by @Nathan Olds:
The marijuana argument doesn’t really hold any weight. Marijuana is still illegal at the federal level while owning a firearm is legal at the federal level (for most people). If you have a loan on your rental property it’s most likely with a federally regulated bank that must follow federal laws. If they found out you were renting a property that they provided a loan for, for something illegal at the federal level, there could be some issues!
OK. Does owning a pet violate any constitutional provision or amendment. Are you going to argue that landlords should have to accept them.
Owning a pet is not a right given to people under the U.S. Constitution.
Post: Gun control for tenants?

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Originally posted by @Ihe O.:
Originally posted by @Max Gradowitz:
I wouldn't put it in my lease personally. I prefer to be as competitive as possible. I want a large stack of applications so I can skim the top of the stack for the best applications. I want the best tenants, period. Why would I restrict my ability to get as many applications as possible so that I can pick the most qualified tenant? What if the best qualified tenant is a police officer that owns a gun personally? I am not going to pick a less qualified tenant just because they own a gun.
The trouble with best qualified tenants is that they do not stay in your house for long because they can just as easily qualify for somebody else's rental. That's why I don't want them.
If qualified tenants are not staying with you long, perhaps you are doing something to alienate them?
Post: Gun control for tenants?

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@Ihe O. I understand your strategy with having the rule in place, but Maryland is extremely tenant friendly. What are your legitimate chances of evicting a paying tenant for a lease violation, and what would that cost you in legal fees?
Post: Do you allow tenants to have weapons?

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To add to @Chris Szepessy 's thoughts. Responsible law-abiding guns owners treat the care & custody of their firearms very seriously. "Looking for guns" during an inspection (which sounds intrusive at the very least and could be construed by the tenant as harassment) will probably not be productive. They are not under the mattress like on TV. They're stored in a safe and secure location, away from children. Most people I know who are anti-gun have little to no real-life experience with firearms, and use action movies as their sole frame of reference. But we all know Hollywood is not real life, right?
Post: Gun control for tenants?

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Originally posted by @Ihe O.:
I've seen a gun, smelt weed and seen cigarette ash and an unmentioned pet in all but one of my rentals.
With all due respect, it sounds like your problem is with tenant screening.
Post: Gun control for tenants?

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On the continuum of landlord challenges, law-abiding gun owners are among the least of your concerns. Most gun violence is caused by the criminal element whom do not respect the rule of law nor what it says in our leases. As someone said earlier, screen the person for the standard metrics and evaluate their character on your interactions with them.